DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Requirement for Information
Under 37 CFR 1.105, Examiner requests Chinese patent ZL2006100413011 (see paragraph [2] of Applicant’s specification), and CN207213423U, which is listed as the first citation in the First Office Action for related Chinese Application No. 202210135476.0. Both are material to examination of the instant application.
37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper."
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference numeral “7” has been used to designate both the end face self-sealing piece and that structure to which character “903” also refers.
In Figs. 1-4, it is unclear why the matching conical faces of the pipes are darkened. It misleadingly suggests additional structure, like a bearing, or seal.
In Fig. 4: numeral “903” appears in the drawing and not in the specification; numeral “905” appears in the specification but not in the drawing.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
It is unclear how element “4” in the drawings can be characterized as a rotating base. Said element does not rotate at all.
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
In paragraph [3], “increased with a conical face” does not make sense.
The term “rotating base 4”. Element 4 does not rotate.
Page 5, line 25, it is unclear what “the same below” means; what is the same below?
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means” in claims 1, 4, 6 and 8
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is unclear how element “4” in the drawings can be characterized as a rotating base. Said element does not rotate at all.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 104879597 A (hereinafter “CN ‘597”) in view of JP 3077693 (hereinafter “JP ‘693”).
As to claim 1 and with reference to the following annotated figure, CN ‘597 discloses an internal pressure self-sealing rotary compensator, comprising a fixed pipe (6) and a rotatable pipe (1), wherein body parts of the fixed pipe and the rotatable pipe have the same inner diameter (Fig. 1), an end portion of the fixed pipe has a conical opening forming a reducer (Fig. 1), the conical opening end thereof is connected to a sealing base, an inner cavity of the sealing base is provided with an inwardly protruding rotating base, and an inner diameter of the rotating base is matched with an outer diameter of the rotatable pipe; an annular face seating piece (of sealing assembly secured by the sealing gland (2)) is installed on an outer side of the rotating base, and the annular face sealing piece is fixed, by means of a gland (2), in an annular face sealing cavity comprising an outer end face of the rotating base, an inner surface of the sealing base and the rotatable pipe; the gland is connected to the sealing base by means of a fastener ; an end face self-sealing piece (5) is installed on an inner side of the rotating base.
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CN ‘597 fails to teach an outer side face of the end face self-sealing piece abuts against an arc-shaped annular protruding face on the rotatable pipe, an outer section of the arc-shaped annular protruding face smoothly transitions with a first outer conical face of an end portion of the rotatable pipe, and an inner section of the arc-shaped annular protruding face intersects with an outer surface of the rotatable pipe; and the taper of the first outer conical face is matched with the taper of an inner conical face of an end portion of the sealing base, the first outer conical face is connected to a second outer conical face, and the taper of the second outer conical face is matched with the taper of the conical opening of the end portion of the fixed pipe.
However, JP ‘693 teaches a similar pipe connection with a fixed pipe (left most belled pipe in Fig. 4) having a conical opening that is sealingly matched to the conical face of the conjoined pipe (3), as shown in Fig. 4. The pipe (3) has an arc-shaped portion (34)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify CN’597 with the pipe (3), as taught by JP ‘693, with a reasonable expectation of success, in order to permit secured sealing of a pipe with a conical, arc-shaped head or end section.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 2, CN ‘597/JP ‘693 discloses the internal pressure self-sealing rotary compensator according to claim 1, wherein a conical face sealing structure is formed between the first outer conical face and the inner conical face of the sealing base (Fig. 2, ‘597).
As to claim 3, CN ‘597/JP ‘693 discloses the internal pressure self-sealing rotary compensator according to claim 2, wherein a self-sealing piece (5, ‘597) is fitted in the conical face sealing structure.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 104879597 A (hereinafter “CN ‘597”) in view of JP 3077693 (hereinafter “JP ‘693”).
As to claim 4 and with reference to the following annotated figure, CN ‘597 discloses an internal pressure self-sealing rotary compensator, comprising a fixed pipe (6) and a rotatable pipe (1), wherein body parts of the fixed pipe and the rotatable pipe have the same inner diameter (Fig. 1), an end portion of the fixed pipe has a conical opening forming a reducer (Fig. 1), the conical opening end thereof is connected to a sealing base, an inner cavity of the sealing base is provided with a rotating base comprising a vertical end face perpendicular to an axis of the rotatable pipe, an annular face parallel to the axis and a conical face at an acute angle to the axis, and an inner diameter of the annular face is matched with an outer diameter of the rotatable pipe; an annular face sealing cavity is formed among the vertical end face of the rotating base, an inner annular face connected to the vertical end face and an outer surface of the rotatable pipe, an annular face sealing piece (4) is installed in the annular face sealing cavity and is axially positioned by means of a gland (2), and the gland is connected to the sealing base by means of a fastener (3); and an end portion of the rotatable pipe is provided with a first outer conical face that is matched with the conical face to achieve conical face sealing.
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CN ‘597 fails to teach the first outer conical face is connected to a second outer conical face having a taper matched with the taper of the tapered opening of the end portion of the fixed pipe.
However, JP ‘693 teaches a similar pipe connection with a fixed pipe having a conical opening that is sealingly matched to the conical face of the conjoined pipe (3), as shown in Fig. 4.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify CN’597 with the rotatable pipe (3), as taught by JP ‘693, with a reasonable expectation of success, in order to permit sealing securement of a pipe with a conical head.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 5, CN ‘597/JP ‘693 discloses the internal pressure self-sealing rotary compensator according to claim 4, wherein a self-sealing piece (5, ‘597) is installed in a conical face sealing structure formed between the first outer conical face and the conical face of the sealing base.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 102705611 A (hereinafter “CN 611”) in view of CN 104879597 A (hereinafter “CN ‘597”).
As to claim 6 and with reference to the following annotated figure, CN ‘611 discloses an internal pressure self-sealing rotary compensator, comprising a fixed pipe (2) and a rotatable pipe (1), wherein body parts of the fixed pipe and the rotatable pipe have the same inner diameter (Fig. 1), an end portion of the fixed pipe has a conical opening forming a reducer (Fig. 1), the conical opening end thereof is connected to a sealing base (3/4). A gland (6) is used with a fastener to connect to the sealing base. Sealing pieces are used to seal the fixed pipe and rotatable pipe.
CN ‘611 fails to teach that an inner cavity of the sealing base is provided with a rotating base comprising a polyhedron, the polyhedron comprises a first end face, a second end face, a first annular face and a third conical face, an end portion of the rotatable pipe is provided with a first conical face matched with the third conical face to achieve conical face sealing, a third end face connected to the first conical face , a second annular face connected to the third end face and a second outer conical face connected to the second annular face, and a self-sealing cavity for installing an end face self-sealing piece is formed between the second end face and the third end face; the taper of the second outer conical face is matched with the taper of the conical opening of the end portion of the fixed pipe; an inner diameter of the first annular face is matched with an outer diameter of the rotatable pipe; and an annular face sealing cavity for installing an annular face sealing piece is formed among the first end face, a third annular face of the sealing base and an outer surface of the rotatable pipe, the annular face sealing piece is axially positioned by means of a gland, and the gland is connected to the sealing base by means of a fastener.
However, CN ‘597 teaches a similar pipe connection with an inner cavity of the sealing base is provided with a rotating base comprising a trapezoidal end section, which has an outer conical face that mates with the conical face of the fixed pipe. An annular face of the fixed pipe matches with the annular face of the rotating base. A sealing cavity is formed between the rotating base and the gland (3), which is connected to the sealing base by means of a fastener (3).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify structural sealing configuration of the belled section of the fixed pipe of CN ‘611 with the sealing configuration of the belled end section of the fixed pipe, and the trapezoidal sealing section of the rotating pipe of CN ‘597, in order to seal a rotatable pipe having a polyhedron end section.
The modification results in a polyhedron end section of the rotatable pipe with the sealing configuration as shown in CN ‘597.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 7, CN ‘611/CN ‘597 discloses the internal pressure self-sealing rotary compensator according to claim 6, wherein a self-sealing piece (5, ‘597) is installed in a conical face sealing structure formed between the first 10outer conical face and the third conical face.
As to claim 8 and with reference to the following annotated figure, CN ‘611 discloses an internal pressure self-sealing rotary compensator, comprising a fixed pipe (2) and a rotatable pipe (1), wherein body parts of the fixed pipe and the rotatable pipe have the same inner diameter (Fig. 1), an end portion of the fixed pipe has a conical opening forming a reducer (Fig. 1), the conical opening end thereof is connected to a sealing base (3/4). A gland (6) is used with a fastener to connect to the sealing base. Sealing pieces are used to seal the fixed pipe and rotatable pipe.
CN ‘611 fails to teach that an inner cavity of the sealing base is provided with a rotating base comprising a polyhedron, the polyhedron comprises a first end face, a second end face, a first annular face, a third conical face and a fourth end face, an end portion of the rotatable pipe is provided with a first conical face matched with the third conical face to achieve conical face sealing, a third end face connected to one end of the first conical face, a fifth end face connected to the other end of the first conical face, a second annular face connected to the third end face and a second outer conical face connected to the second annular face, a first self-sealing cavity for installing an end face self-sealing piece is formed between the second end face and the third end face, and a second self-sealing cavity for installing the end face self-sealing piece is formed between the fourth end face and the fifth end face; the taper of the second outer conical face is matched with the taper of the conical opening of the end portion of the fixed pipe; an inner diameter of the first annular face is matched with an outer diameter of the rotatable pipe; and an annular face sealing cavity for installing an annular face sealing piece is formed among the first end face, a third annular face of the sealing base and an outer surface of the rotatable pipe, the annular face sealing piece is axially positioned by means of a gland, and the gland is connected to the sealing base by means of a fastener.
However, CN ‘597 teaches a similar pipe connection with an inner cavity of the sealing base is provided with a rotating base comprising a trapezoidal end section, which has an outer conical face that mates with the conical face of the fixed pipe. An annular face of the fixed pipe matches with the annular face of the rotating base. A sealing cavity is formed between the rotating base and the gland (3), which is connected to the sealing base by means of a fastener (3).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify structural sealing configuration of the belled section of the fixed pipe of CN ‘611 with the sealing configuration of the belled end section of the fixed pipe, and the trapezoidal sealing section of the rotating pipe of CN ‘597, in order to seal a rotatable pipe having a polyhedron end section.
The modification results in a polyhedron end section of the rotatable pipe with the sealing configuration as shown in CN ‘597.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 9, CN ‘611/CN ‘597 discloses the internal pressure self-sealing rotary compensator according to claim 8, wherein a self-sealing piece (5, ‘597) is installed in a conical face sealing structure formed between the first outer conical face and the third conical face.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Herbert et al discloses a conduit swivel joint having mating conical surfaces, with a fastener used to secure the joint.
Mezei discloses a pipe coupler having mating conical surfaces, with a fastener used to secure the coupler.
Peppel discloses a swivel joint having mating conical surfaces, with a fastener used to secure the joint.
Dolensky discloses a coupler having mating conical surfaces, with a fastener used to secure the coupler.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 9-930pm, mid-day flex 2-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679
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